Ok my bail was canceled by the trial court majistrate in 498a citing that I was not present in the court on date. I reapplied anticipatory bail and finally got the order allowed. the order is as follows:
From the perusal of record, it is crystal clear that earlier the petitioners have been regularly appearing before the court and even on 30.10.2018 they did not appear before the court. Perusal of the record further shows that the bail application was moved by the petitioners after one day of issuance of warrants of arrest. Moreover, since learned trial court has issued non bailable warrants against the petitioners for procuring their presence during the court proceedings, is no ground to say that they have no right to seek pre-arrest bail by invoking the jurisdiction of the Court under section 438 of Cr.P.C. Accordingly, in the instant case, without elaborating further and commenting on the merits of the case, the petitioner is admitted to anticipatory bail subject to his furnishing bail bonds to the satisfaction of the learned Trial Court/Duty Magistrate. The petitioner is directed to surrender before the trial court/Duty Magistrate on or before 17.11.2018, the date already fixed, to seek regular bail. In the event of surrender before trial court/Duty Magistrate, the petitioners shall be admitted to bail on their furnishing bail bonds to the satisfaction of the learned Trial Court/Duty Magistrate, as referred above. However, it is made clear that if the petitioners fail to surrender before the Trial Court/Duty Magistrate on or before the stipulated date, then the applications will be deemed to have been dismissed. The applications are allowed accordingly
I has also filed rti for cctv footage was denied citing highcourt orders but i had asked for preservance of cctv footage which was allowed by the Lady chief session judge and i was present in the court permises.
The bail cancellation order was
File put up after lunch break again. Case being called several times since morning but none has appeared on behalf of accused. Waited sufficiently. It is already 04:30 PM. Further wait not justified. Bail of accused person are hereby cancelled. Bail bonds and surety bonds of accused are forfeited to the State. Now, accused person are ordered to be summoned through warrant of arrest for 17.11.2018. Notices to their sureties are also issued for the date fixed
This is total lie by the majistrate.
Clearly the majistrate is under influence or pressure to harrass me and timing was also managed for the diwali time. My case is like very strong on paper but the manuplation of judiciary is what i am having trouble with.
What safegurds should i take with this majistrate, to or not to complaint or appeal or review of his cancelled bail order.
He is the king in his court room and can again cancel bail or do contempt of court or use any loophole in law what would be my defence or check on him. PW is never present for 16 dates and he dosent issue warrent aginst them but falsely against me.
Some info about the trial majistrate: He has outstanding monthly report. His final orders are mostly not biased and in accordance with law. He takes bribe and bigger amount 2-2.5l (as told by my sources me not implying anything) . Schedule cast , very egoistic, has been ADA hence knows the law , police , lawyers loopholes.
